KUALA LUMPUR: Prime Minister Datuk Seri Najib Tun Razak and his wife are seeking to strike out a suit filed by the family of the late private investigator P. Balasubramaniam.
Najib and Datin Seri Rosmah Mansor's counsel Nur Hazira Abu Hayyan told reporters after meeting High Court judge Justice Hue Siew Kheng in chambers that they filed the application to strike out the suit by the four plaintiffs; Balasubramaniam's wife A. Santamil Selvi and her three children - B. Kishen, B. Menaga and B. Reeshi on Aug 10.
Nur Hazira said they filed the application on the grounds that the plaintiffs have no locus standi to initiate the lawsuit, no reasonable cause of action and added that the suit is frivolous, vexatious and an abuse of court process.
Meanwhile, Santamil Selvi's counsel Americk Sidhu said that the defendants have also applied to disqualify him as he had recused himself from representing the family in the previous suit filed on June 23, 2014 at the Court of Appeal.
Americk added that the court later fixed Sept 26 for the hearing of an application to disqualify him.
The family had filed their suit against Najib, Rosmah and seven others claiming injury and loss of income.
In the statement of claim filed on July 13 this year, the plaintiffs have named Najib, Rosmah, Najib's siblings - Datuk Ahmad Johari and Datuk Mohd Nazim, counsel Tan Sri Cecil Wilbert Mohanaraj Abraham and his son Sunil Abraham, commissioner of oaths Zainal Abidin Muhayat, carpet seller Deepak Jaikishan and counsel M. Arulampalam as the defendants.
Santamil Selvi filed the action in her personal capacity and on behalf of the estate of Balasubramaniam.
The plaintiffs claimed that they had to move to India due to the second Statutory Declaration made by Balasubramaniam in relation to the murder of the Mongolian model Altantuya Shaariibuu.
In their statement of claim, Santamil Selvi and her children said they moved to India for 56 months from July 4, 2008, until Balasubramaniam died on March 15 last year.
Santamil sought RM840,000 in damages, including rental of an apartment in Chennai, India, her children’s school fees and the loss of income as a kindergarten teacher, housing loan, transportation cost, general and special damages and costs.
She alleged that her late husband was forced to withdraw the first statutory declaration made on July 1, 2008 on certain facts on the murder of Mongolian woman Altantuya Shaariibuu.
On Dec 11, 2014, High Court judge Justice Hasnah Mohammed Hashim struck out the plaintiffs' suit, saying that there was no locus standi by the plaintiffs to file the suit as there was no letter of administration of the estate issued by any court.
Justice Hasnah said the plaintiffs should file the suit between 2008 and 2013 when the conspiracy allegedly took place or before Balasubramaniam passed away and added that Santamil Selvi lacks the capacity to file action on behalf of the estate of her late husband.
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